ALL CHANGES FROM CURRENT VERSION
STUDENT DISCIPLINE PROCESS
Passed by University Council, January 22, 1992; Revised June 1993
Introduction.
Student discipline has been delegated by the President to the Vice President for Student Life
who shares that responsibility with the Peer Review Board and certain members of the Student
Life Team. Any member of the University community who believes that a student or group has
violated the Student Code (“Complainant”) should direct a written complaint or incident report
to the Community Standards Officer*. Any complaint or incident report should be submitted as
soon as possible after the incident takes place, preferably within one week.
Options for Disposition of a Complaint.
A student or group accused of violating the Student Code may:
1. Accept responsibility for the violation and have the Student Life Administrator
impose a sanction;
2. Seek to resolve the complaint through mediation with the agreement of the party
filing the complaint; or
3. Request a hearing
Students or student groups accused of violating the Student Code, or any non-academic
University policy/regulation, who request a hearing may have the option of having the case heard
by a Student Life Administrator or the Peer Review Board. In the case of minor violations, the
administrator (except for violations of the Sexual Offense Policy which shall be heard by the
Student Life Administrator as described in that Policy). In the case of less serious violations, as
determined by the University, the Student Life Administrator will be the Residence Life Area
* The Community Standards Officer is Dr. Nancy Komada. Dr. Komada is located in 239
Campion Center and may be reached at (610) 660-1046.
Coordinator for resident students and the Community Standards Officer for non-resident
students. In the case of majorall other violations, the hearing officer will usually be the
Community Standards Officer. (Note:
If a student is charged withinvolved in an incident that may be a violation of the Student
Code during the last two (2) weeks of the semester or during the time period between the spring
and fall semesters, the University reserves the right to schedule the accused student for an
administrativea hearing before a Student Life Administrator to ensure a timely resolution for all
parties involved.) Within either option the procedures articulated below will be followed.
Violation of Law and University Discipline.
University disciplinary proceedings may be instituted against a student charged with conduct
that potentially violates both the criminal law and the University’s Student Code (that is, if both
potential violations result from the same factual situation) without regard to pending civil or
criminal litigation in court or criminal arrest and prosecution. Proceedings in accordance with the
Student Discipline Process may be carried out prior to, simultaneously with, or following civil or
criminal proceedings off campus as determined in the judgment of the Vice President for Student
Life. Determinations made or sanctions imposed in accordance with the Student Discipline
Process shall not be subject to change because criminal charges arising out of the same facts
giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or
against the criminal law defendant.
Disciplinary Holds.
At any time after the filing of a complaint, the Community Standards Officer may place a
“Disciplinary Hold” on the academic records of any student for the purpose of preserving the
status quo pending the outcome of proceedings or enforcing a disciplinary sanction. A
2
“Disciplinary Hold” may prevent among other things, registration, the release of transcripts, and
the awarding of a degree.
Peer Review Board Membership.
A Peer Review Board (PRB) will be comprised of the following members:
1. Chair - This non-voting student member is selected annually by agreement of the
Presidents of the University Student Senate, the Greek Council, the Student Union Board
(SUB) and the Vice President for Student Life or designate. In the event of a tie-vote for
the chairChair, the Moderator of the PRB will cast the deciding vote. Nominations for the
position of Chair can originate from any University member.
2. The Board - The University Student Senate will publicize and accept applications from
students interested in service on the PRB. A Committee composed of the Vice President
for Student Life / designate, the Chair of the PRB and the Presidents of the University
Student Senate, the Greek Council and the Student Union Board will then select a pool of
25 members. When a hearing is necessary, the PRB Chair will then select 5 students from
the pool to serve. Members are expected to refuse to hear a case when a conflict of
interest or bias existsThe hearing may proceed with 4 students, with the agreement of the
accused student and Complainant.
3. Moderator - The moderatorModerator is selected from the professional staff of the
Student Life team by the Vice President for a term of at least two semesters. The
moderatorModerator shall advise the PRB on matters such as the admissibility of
evidence and precedents in sanctions. The moderatorModerator will also facilitate the
appropriate paper work and record keeping,; tape hearings of violations, if deemed
necessary by the Moderator; and reserve hearing space and assure that all appropriate
3
witnesses attend the hearings.
Pre-Hearing Procedures.
Upon receiving written notice of a possible violation, the appropriate Student Life
Administrator will notify the accused student of the charges, provide an opportunity to discuss
the discipline process and hearing options, offer the student hearing options and set a date/time
for the hearing, if requested. If a hearing is scheduled, the accused student will be informed in
writing of the date, time and location of the hearing at least 72 hours (usually 3 working days)
before the hearing. Disciplinary Advisors are listed on the charge letter. These administrators and
are available to consult with the student throughout the process. Additional student rightsA
Complainant may also choose an advisor from the University community to assist him/her
through the process, including accompanying the student at a hearing, but not to speak or ask
questions on behalf of the Complainant.
Hearing Procedures.
Hearings shall be private. Disciplinary hearings are not trials, and they are not constrained by
technical rules of procedure, evidence or judicial formality. They are designed to encourage
open discussion among the participants that promotes the PRB or Student Life Administrator’s
understanding of the facts, the individuals involved, the circumstances under which the incident
occurred and the nature of the conduct. The rules of evidence applicable to legal proceedings do
not apply to disciplinary hearings. Information, including hearsay evidence, may be considered
if it is relevant, not unduly repetitious, and the sort of information on which responsible persons
are accustomed to rely in the conduct of serious affairs. In no case will the results of a polygraph
test be used in a student disciplinary hearing. The PRB and Student Life Administrator shall
determine responsibility based on whether it is more likely than not that the accused student or
4
group violated the Student Code. The rights of an accused student include:

•
the right to be present throughout the hearing but not during the deliberation of
the Board or the presiding administrator.
or Student Life Administrator.

•
the right to remain silent (i.e. not testifying against him/herself)not to speak. The
accused student must realize that if silence is maintained, the case will be determined on
the evidence presented.however, that if he/she does not
speak, the case will be determined on the evidence presented.

•
the right to ask for the replacement of members of the Board or the administrator
because of conflicts of interest or possible existence of bias. Final decisions rest with the
Chair of the PRB or the Vice President for Student Life.PRB or Student Life
Administrator
because of possible conflicts of interest or bias. Objections should be made in writing at
least forty-eight (48) hours before the hearing. Final decisions rest with the Chair of the
PRB or the Vice President for Student Life, and the Vice President shall replace any
disqualified members.

•
the right to know all the evidence and hear testimony presented at the hearing and
to ask questions of Board members, the administrator or those presenting evidence or
testimony.PRB
members, the Student Life Administrator or witnesses. Questions for a witness may be
suggested by the student to the Chair of the PRB or Student Life Administrator, and the
Chair or Student Life Administrator will question the witness as appropriate.

the right to present pertinent evidence and the testimony of witnesses to substantiate
5
his/her case.

the right to comment upon and respond to the charges.

the right to an advisor from the University community who may advise the accused
•
the right to present pertinent evidence and the testimony of witnesses to substantiate
his/her case. * the right to comment upon and respond to the charges. * the right to one
advisor from the University community who may advise the accused student during the
hearing but may not speak or ask questions for the accused student. Failure
In order to schedule a hearing, class schedules are reviewed to find a common available
time. Students are expected to attend their hearings or forfeit their opportunity to provide
testimony. The accused student’s failure to attend the PRB or administrative hearing does not
limit the PRB or administrator from taking action. If a hearing is scheduledstudent misses a
hearing due to an emergency or was notified less than 72 hours in advance of a hearing, it is
the student’s responsibility to contact the Community Standards Office within 24 hours of
the hearing. If a hearing is held, the accused student will receive notificationbe notified in
writing of the findings, sanctions, and the right to appeal within (5) workingbusiness days
after the hearing. The accused student may waive any of the above rights.
In all situations, the Peer Review Board will makerecommend its findings and sanctions
available to the Community Standards Officer for review, approval and implementation. When
an administrator is the hearing officer, the findings and sanctions may be reviewed by the Vice
President for Student Life or designate. If a student misses a hearing due to an emergency or was
notified less than 72 hours in advance of a hearing, it is the student’s responsibility to contact the
disciplinary office within 24 hours. In order to schedule a hearing, class schedules are reviewed
to find a common available time. Students are expected to attend their hearings or forfeit their
6
opportunity to provide testimony.
The PRB or Student Life Administrator may accommodate concerns for the personal
safety, well-being, and/or fears of confrontation of the Complainant, accused student, and/or
other witness during the hearing by providing separate facilities, by using a visual screen, and/or
by permitting participation by telephone, videophone, closed circuit television, video
conferencing, videotape, audio tape, written statement, or other means, as the Student Life
Administrator determines to be appropriate.
Factors in Sanctioning.
The following factors will be considered in determining sanctions: present attitude,; past
record, both positive and negative,; the severity of the damage, injury, harm or disruption or the
potential for such,; the student’s or group’s honesty, cooperation and willingness to make
amends.
Parental Notification
The Office of Student Life, the Vice President for Student Life, or his/her designee at their
discretion, may notify parents of dependent students under the following circumstances:
1. Health and safety matter whether or not student is hospitalized;
2. When a student’s housing or student status is in jeopardy;
3. Violations in the local community;
4. Disciplinary or judicial matters.
Appeals
Appeals.
Appeals may be made to the chairChair of the University Appeals Board on Student Life
within five (5) business days of notification of the action taken by the PRB or the Student Life
Administrator. (The appeal should be delivered to the Office of Student Life for transmittal to the
Chair.) The University Appeals board will hear all cases which it deems serious and where it
finds evidence exists of :
7
a. improper, inadequate or incorrect procedures, prejudicial conduct, and/or ;
b. prejudicial conduct by the Peer Review Board or Student Life Administrator;
c. new information, sufficient to alter a decision, that was not reasonably available to the
person appealing the decision at the time of the original hearing; and/or
d. disproportionate penalties.
Refusal to hear a case will have the effect of letting stand the previous decision. (The name
and address of the chair can be obtained through the Office of Student Life.)
Interpretation.
In the event that any ambiguity arises or there is inconsistency or a need for clarification, all
definitions, interpretations or clarifications of the Student Discipline Process shall be made by
the Vice President or his/her designatefor Student Life, and all findings shall be final.
Discipline Records: Inter-Institutional Communications
The University may disseminate student disciplinary information to officials at other schools
without prior consent if (1) prior misconduct poses a significant risk to others and (2) officials at
the other institution have a “legitimate educational interest” in the behavior of the student.
Permitted Disclosure of Discipline Records.
Generally the University does not disclose information from discipline records, including
sanctions, unless permitted by law, for example:
 Parents of dependent students may be informed of disciplinary sanctions imposed on those
students and parents of students under age 21 may be informed of disciplinary violations with
respect to the use or consumption of alcohol or controlled substances.
 The final results of a disciplinary hearing with respect to a crime of violence may be
disclosed to the victim, and in some cases, to the University community.
Discipline Records Retention.
Disciplinary sanctions shall not be made part of the student’s permanent academic record, but
8
shall become part of the student’s disciplinary record. Undergraduate discipline records are kept
for 35 years after a student has graduated and are maintained and stored in the Office of Student
Life, 2nd floor Campion Student Center. Records are generally confidential except in the case of
a subpoena, student consent or as provided above. In serious cases, e.g., where a crime of
violence is committed, the results of a hearing may be released. Students have a right to file
complaints concerning alleged failures by the University to comply with the requirements of
FERPA and the implementing regulations. Complaints should be addressed to the Family
Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington
D.C. 20202-4605.
9
Document comparison done by DeltaView on Monday, April 09, 2007 11:10:01 AM
Input:
Document 1
Document 2
Rendering set
file://S:/Student Discipline Process-original.doc
file://S:/Student Discipline Process-rev-03-30-07.doc
Standard
Legend:
Insertion
Deletion
Moved from
Moved to
Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions
Deletions
Moved from
Moved to
Style change
Format changed
Total changes
97
62
11
11
0
0
181